Terms & Conditions
Introduction
the following terms and conditions apply to the relationships betweenYou (as a purchaser of Goods and/or a recipient of Services; or as a user of the Website) and Six Guys Labs, s.r.o., with its registered office at Slovanska 16, CZ - 326 00, Plzeň registered in the Commercial Register with the District Court in Plzeň, File No. C 33223, IC: 054 09 969, DIC: CZ05409969 (further as „We“, „Us“, „Our“ or „Actijoy“).
When We refer to “You” and “Your” We mean the purchaser of Goods/recipient of the Services or the user of the Website.
When We refer to “Goods,” We mean products and tools that monitor pet activity, rest and health, and to Actijoy mobile application(s).
When We refer to “Services,” We mean Actijoy Websites, Apps, and API.
All of them being available to You through www.actijoy.com (“Website”).
Actijoy is a trademark owned by Six Guys Labs, s.r.o. (Us).
our purchase of Goods and use of the Services through the Website and any visit and/or use of the Website to the extent applicable to the users of the Website, who do not purchase Goods and/or use the Services, are regulated by these Terms and Conditions.
These Terms and Conditions form a legally binding contract between Us and You. By purchasing any Goods and/or Services from Us and, to the extent applicable, i.e. parts unrelated to the purchase of Goods/Services and their delivery, and/or by commencement dealing with the use of the Website, in particular Third Party Tools, Third Party Links, User Comment, Feedback and Other Submissions, Prohibited Uses, Personal Information, Errors & Omissions, Copyright, Disclaimer, Indemnification, Legal Governance and Complaints, You agree to be bound by these Terms and Conditions (“Terms of Service” or “Terms” or “Terms and Conditions”), including those additional terms and conditions and policies referenced herein and/or available by a hyperlink.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
By agreeing to these Terms and Conditions, You represent that You are at least the age of majority in Your state or province of residence, or that You are the age of majority in Your state or province of residence, and You have given Us Your consent to allow any of Your minor dependents to purchase the Goods and/or use the Services and/or to use this Website and to be bound by the Terms and Conditions.
We reserve the right to change the Terms and Conditions under which the Website and the Goods and/or Services are provided. Any such change in these Terms and Conditions will be effective for all new orders, and new Website access, once included in the text of these Terms and Conditions will be published on the Website. You should check the Terms and Conditions posted on the Website periodically to ensure that You are aware of and comply with the current version.
Please read these Terms of Service carefully before accessing or continue using Our Website. Unless You agree with all the Terms and Conditions (incl. additional terms and conditions and policies referenced herein and/or available by a hyperlink) as later amended, You may not access the Website and/or obtain Goods and/or use any Services. Your continued use of Our Website means that You have accepted these Terms and Conditions including additional terms and conditions and policies referenced and/or available by a hyperlink.
If You have any questions about the Terms and Conditions, the Goods, the Services and the Website, please email Us at hi@actijoy.com
PERSONAL INFORMATION
By accessing the Website or using the Actijoy Service, You confirm that You read and made yourself acquainted with the Privacy Policy.
ONLINE STORE TERMS
You represent and confirm hereby that You are buying Goods and/or using the Service for their intended purpose. If You are using the Website, buying Goods or using the Service on behalf of a company/legal entity or other organization, You represent that You have the authority to bind such company/legal entity or organization by Your actions.
GENERAL CONDITIONS
We reserve the right to refuse to sell the Goods to and/or perform the Services in the benefit to anyone for any reason at any time.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any Goods and/or parts thereof, any Services and/or any portion thereof, and or access the Website for the above purposes without Our prior written permission.
You may not use Our Goods for any illegal or unauthorized purpose nor may You, in the use of the Service, violate any international, federal, provincial or state regulations, rules, laws, or local ordinances, or infringe thereby or violate Our intellectual property rights or the intellectual property rights of others.
In addition to the above and as described in more detail in the PROHIBITED USES section below, You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (d) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Website or of any related website, other websites, or the Internet; (e) to collect or track the personal information of others; or (f) to interfere with or circumvent the security features of the Website or any related website, other websites, or the Internet.
We reserve the right to terminate Your use of the Website or any related website for violating any of the prohibited uses with the immediate effect.
You are responsible for ensuring that Your login details, password and all other details in relation to Your account remain confidential at all times.
ERRORS, INACCURACIES, AND OMISSIONS
We try to make sure that all information on the Website, including the description of Our Goods, Services and listed prices are accurate at all times, however, mistakes may happen. We will try to resolve all information errors on the Website as soon as reasonably possible, and if We reasonably think that such an error has affected Your purchase of Goods and/or receipt of the Services, We will undertake the reasonable effort to let You know. However, because We undertake these steps and unless explicitly prohibited by applicable laws, We will not be liable to You for any errors on the Website whatsoever, unless caused by Our willful misconduct or gross negligence.
Occasionally there may be information on Our Website, on the Goods or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Goods/Services’ descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after You have submitted Your order).
While every care is taken to ensure that all information on this Website is correct, there may still be errors or omissions. If You find an error or omission, please let Us know by emailing on hi@actijoy.com, and We will correct it as soon as possible after verification.
COPYRIGHT & OTHER RIGHTS
The Website and all text, images, information, photographs contained within it, are owned by and licensed to Actijoy. The copyright and all other intellectual property rights in the content contained on the Website are the sole and exclusive property of Actijoy.
The contents of the Website and the Website as a whole are intended solely for personal, non-commercial use, You may browse the Website and print its contents for this purpose only. You may not use, transfer, copy or produce any part of the Website in any form or by any means except for the sole purpose of viewing its content for Your personal use, unless You have the express written permission of Actijoy.
PRODUCTS OR SERVICES
Certain Goods and/or Services may be available exclusively online through the Website. These Goods and/or Services may have limited quantities and are subject to return or exchange only according to Our Return Policy.
We have made every effort to display as accurately as possible the colors and images of Our Goods that appear on the Website. We cannot guarantee that Your computer monitor's display of any color will be accurate.
- - All sizes and measurements of Goods are approximate.
- - All Goods are subject to availability
- – We may not be able to supply Your order.
- - Any delivery estimates given on the Website or by email are estimates only.
- - The Goods and promotions which are offered on the Website may not be available in-store and vice-versa.
We make every effort to deliver Goods in a pristine condition. However, parcel delivered by a courier may have marked or damaged packaging. Please be assured that this is in no way reflective of the condition of the Goods inside.
We reserve the right but are not obligated, to limit the sales of Our Goods and/or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Goods and/or Services that We offer. We reserve the right to discontinue any product at any time. Any offer for any Goods and/or Services made on this Website will be treated by Us void, if and to the extent prohibited.
We do not warrant that the quality of the Goods, Services, information, or other material purchased or obtained by You will meet Your expectations, fit for a particular purpose or be fully compliant in Your jurisdiction, or that any errors in the Service will be corrected.
ORDERING AND ON-LINE PURCHASING, ACCURACY OF BILLING AND ACCOUNT INFORMATION
Prices for Our Goods/Services are subject to change without notice. You make an offer to purchase a product from Us (Your “Order”) by completing the staged process on the Website concluded by the confirmation of Your Order.
Your Order only constitutes an offer to purchase the Goods from Us, and does not form a binding purchase contract until accepted by Us as specified below (the “Order Acknowledgment”). When You order more than one product, Your Order contains a series of offers for each product individually.
The Order Acknowledgment email will contain Your Order number, details of the Goods ordered and a delivery time estimate. Note that this email is only to acknowledge that Your Order has been received, and is not an acceptance by Us of any offers to purchase Goods. We must receive full payment of the price of the Goods (including any other fees, duties and delivery charges to the extent applicable) specified in Your Order and acknowledged in the Order Acknowledgment before We can accept any offers based on Your Order. Where You select to pay by credit or debit card We will process the payment at the time of preparing Your Goods for dispatch.
An offer made by You to purchase a product shall only be deemed to be accepted by Us, and the binding purchase contract concluded when We dispatch that product to You and send You an order dispatch email which includes details of the Goods. We reserve the right to refuse any offers in Your Order before the acceptance. If a product is not available, We will include details of the unavailable product in the order dispatch email. A product which is not available will not be included in the purchase contract, and Your credit card will be refunded with the original price of the Goods that are not dispatched due to their unavailability and which are not part of the purchase contract. Under no circumstances will We be liable to You for any additional amounts.
We can only accept orders for Goods that are in stock. In exceptional circumstances, if We are not able to fulfill Your Order We have accepted via the order dispatch email, Your credit card will be refunded with the original price, and We will notify You by e-mail. Under no circumstances will We be liable to You for any additional amounts.
You agree to provide current, complete and accurate purchase and account information for all purchases made at Our Website. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transaction and contact You as needed.
All prices and charges on the Website are in USD currency. Delivery charges will be applied based on the delivery address chosen, and these will be displayed in the order process, and You will be informed about them before the confirmation of Your Order. All prices are unless otherwise stated, inclusive of VAT and other applicable taxes, but exclusive of any duties, import duty, delivery charges, and customs charges if the Goods are delivered to countries and territories outside the EU.
We reserve the right to refuse to supply any order and/or any person for whatever reason. We may, in Our sole discretion, limit or cancel quantities purchased per person, household or Order. These restrictions may include Orders placed by or under the same customer account, the same credit card, and/or Orders that use the same billing and/or shipping address. If We make a change to or cancel an Order, We may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the time the Order was made. We reserve the right to limit or prohibit Orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at the Website. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates so that We can complete Your transactions and contact You as needed.
For more detail, please review Our Return Policy.
OPTIONAL TOOLS
We may provide You with access to third-party tools (the “Third Party Tools”) over which We neither monitor nor have any control or input.
You acknowledge and agree that We provide access to such Third Party Tools ”as is” and “as available” without any warranties, representations or conditions of any kind and any endorsement. We shall have no liability whatsoever arising from or relating to Your use of optional Third Party Tools.
Any use by You of optional Third Party Tools offered through the Website is entirely at Your own risk and discretion, and You should ensure that You are familiar with and approve the terms on which Third Party Tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the Website (including, the release of new Third Party Tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
THIRD-PARTY LINKS
Certain content, products, and services available via Our Website may include materials from third-parties.
Third-party links on this Website may direct You to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy, and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure You understand them before You engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at Our request, You send certain specific submissions (for example contest entries) or without a request from Us You send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), You agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that You forward to Us. We are and shall be under no obligation (i) to maintain any Comments in confidence; (ii) to pay compensation for any Comments; and (iii) to respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that We determine in Our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that Your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that Your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Us or third-parties as to the origin of any Comments. You are solely responsible for any Comments You make and their accuracy. We take no responsibility and assume no liability for any Comments posted by You or any third-party.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, You are prohibited from using the Website or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate Your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We make reasonable effort to keep the Website up-to-date but cannot guarantee that this Website and its content is completely free of technical errors. By using this Website, You acknowledge that You take full responsibility for all costs associated with all necessary servicing or repairs of any equipment. You use in connection with this Website. We are also not liable for any damages associated with the use of this Website however caused.
We do not guarantee, represent or warrant that Your use of Our Goods and/or Services will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Goods/Service will fit for your particular purpose and/or will be completely accurate or reliable.
You agree that from time to time We may stop operating the Website, remove the Goods and/or cancel Services or any parts thereof for definite or indefinite periods of time at any time, without notice to You.
Unless explicitly prohibited by mandatory local laws, you expressly agree that Your use of, or inability to use, the Website, Goods and/or Service is at Your sole risk. The Website and all Goods and/or Services delivered to You through the Website are (except as expressly stated by Us otherwise herein) provided 'as is' and 'as available' for Your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose.
Our total liability for any claim howsoever arising from any use of the Website, or purchase of any Goods/Services or in connection thereto, shall be limited to the damage and/or loss caused directly by Actijoy and any of its partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees and it shall not exceed the price of the Goods and/or Services (in relation to which the damage occurred) supplied by Us to a particular customer, together with any postage costs incurred, except for the willful misconduct and gross negligence conduct on the side of Actijoy and/or any of its partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees as confirmed by a final and binding court ruling.
In no case shall Actijoy, any of its partners, officers, directors, agents, contractors, license, service providers, subcontractors, suppliers, interns and employees be liable for any consequential loss, any loss of profit, third-party claims against any user of the Website or the customer, even if reasonably foreseeable or even if We are advised of the possibility that the customer and/or user of the Website may suffer any such loss, whether this arises from a breach of duty in contract, statutory duty, tort or in any other way.
EXCLUSION
Because some states or jurisdictions do not allow the exclusion or the limitation in their entirety as specified and agreed above, in such states or jurisdictions, Our liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Actijoy, its parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of Your breach of these Terms of Service or the documents they incorporate by reference or Your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either You or Us. You may terminate these Terms of Service at any time by notifying Us that You no longer wish to use Our Services, or when You cease using Our Website.
If in Our sole judgment You fail, or We suspect that You have failed, to comply with any term or provision of these Terms of Service, We also may terminate our relationship at any time without notice, and You will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny You access to Our Services (or any part thereof).
GOVERNING LAW
This Website, its contents and any contracts arising out of it or concluded in relation to the use of it are governed by Czech Republic law, in particular, Act No. 89/2012 Coll., Civil Code. By entering into a contract You and Us agree to submit to the exclusive jurisdiction of the Courts of the Czech Republic having its jurisdiction based on the registered office of Actijoy.
ENTIRE AGREEMENT
The failure of Us to exercise or enforce any right or provision of these Terms of Service, or any other document that form an inseparable part thereof (see a non-exhaustive list thereof below) shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by Us on this Website or in respect to the Service or Goods’ purchase constitutes the entire agreement and understanding between You and Us and govern Your use of the Website, purchase of the Goods and/or receipt of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
THE TERMS OF SERVICE UPDATES
You can review the most current version of the Terms of Service at any time at this page.
COMPLAINTS
We will always strive to offer the very best level of service to all Our customers, but should You wish to raise a complaint, please e-mail to hi@actijoy.com and We will do Our best to resolve Your complaint as quickly as possible.
The Actijoy team is here to help You!
